Supreme Court Invalidates UT Adm. Notification; Holds JKNC Entitled To Plough Symbol
Delhi, September 06: In a significant development, the Supreme Court made a notable ruling on Wednesday. They invalidated the notification issued by the Union Territory of Ladakh on August 5, which pertained to the Ladakh Autonomous Hill Development Council (LAHDC) election scheduled for September 10 in the Kargil region.
Furthermore, the Court declared that the ‘plough’ symbol should be allotted to the Jammu and Kashmir National Conference Party (JKNC). This decision came after the Court rejected a petition from the Union Territory of Ladakh opposing the allocation of the ‘plough’ symbol to JKNC. As a penalty for filing the petition, the Court imposed a fine of one lakh rupees on the Ladakh Administration. The Administration has been instructed to issue a fresh election notification within seven days.
The bench, composed of Justices VikramNath and Ahsanuddin Amanullah, who had reserved their orders on September 1, delivered this verdict. Justice Amanullah, reading out the operative part of the judgment, stated, “For these reasons, the entire election process initiated by the Ladakh administration stands nullified.” We await the detailed order copy.
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The Ladakh Administration had submitted a special leave petition challenging the directive issued by the High Court of Jammu & Kashmir & Ladakh to designate the ‘plough’ symbol for JKNC. The JKNC’s argument is based on the fact that the ‘plough’ symbol was reserved for them, as recognized by the Election Commission of India when they were a State Party in Jammu and Kashmir. Additional Solicitor General KM Nataraj, representing the Union Territory, contended that JKNC was not a recognized state party in Ladakh and, therefore, could not claim a vested right over the reserved symbol. He further argued that the High Court’s reliance on the Election (Symbols) Order of 1968 was incorrect since it did not apply to the State of Jammu and Kashmir. The bench pointed out that following the changes in 2019, all Indian laws are applicable to the region, and the State of J&K no longer exists.
Advocate Shariq Reyaz, representing JKNC, argued, “As a recognized State Political Party under Section 29 of the Representation of People Act, 1951, they are entitled to contest the LAHDC elections with the symbol they had been allocated, the ‘Plough.’ The party has a historical connection with this symbol, and it resonates with voters as a visual representation. “Previously, the J&K High Court had directed the Union Territory of Ladakh to reserve the “Plough” symbol for JKNC. The court had instructed JKNC to approach the relevant authorities to ensure that the “Plough” symbol is duly reserved for them. The Election Commission was also directed to follow the provisions of Paragraphs 10 and 10 (A) of the Election Symbols (Reservation and Allotment) Order of 1968 when notifying and allowing JKNC candidates to contest using the reserved symbol. .
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